California Civil Rights Department, Housing Discrimination

Citation
California Civil Rights Department, Housing Discrimination
Jurisdiction
California (state)
Source
Official source
Original Source
https://calcivilrights.ca.gov/housing/ ↗

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No. In 2021, California enacted Assembly Bill 468, which, among other things, requires a
business selling emotional support dogs and/or ESA vests, tags, or certifications to notify the buyer that an ESA is not specifically trained to be a service dog and is not entitled to the rights and privileges accorded by law to service dogs. AB 468 also places some conditions on health care practitioners providing documentation relating to an individual’s need for an emotional support dog. Importantly, AB 468 expressly does not “restrict or change existing federal and state law related to a person’s rights for reasonable accommodation and equal access to housing,” and the Fair Employment and Housing Act invalidates any state law to the extent it purports to require or permit any unlawful housing discrimination, including the denial of reasonable accommodations. Therefore, housing providers must allow
reasonable accommodations for ESAs under the rules described in these FAQs. This includes existing rules regarding what type of documentation establishes someone’s disability-related need for a reasonable accommodation to have an ESA.

For more information, see CRD’s Emotional Support Animals and Fair Housing Law factsheet.

What is a reasonable modification?